OPT Expired on 9.27 - Cap Gap in effect. RFE on H1B still pending

[kaurwalia]

Hi, 

 

I would really appreciate some help with my problem. I received an RFE on my H1B petition. The response was received by USCIS on Sept 7 but my status has not been updated since. My OPT expired on 9.27.2016 and I am currently working at the client location under cap-gap. I filed for premium processing today but I have concerns around my status. If i do not receive a reply by Sept 30th can i continue to work post Oct 1 if my decision is pending? 

 

All my documents on my RFE are complete - i was able to provide a letter from client saying that my MSA is covered under NDA and cannot be provided. Please let me know if anyone knows anything or is in a similar situation. I appreciate your help! 

[Attorney_15]

Cap gap work authorization ends with September 30. From October 1, a person is in a period of authorized stay but has no permission to work. Since cap-gap has ended, if the H1B Petition is denied, the unlawful presence starts immediately and there is no grace period.